Reaching Agreement

Following negotiation and financial disclosure between the lawyers representing each person in the marriage, it is preferable that agreement can be reached in relation to finances.

The easier path; this is more likely to happen if both parties agree that ending the marriage in the simplest and clearest way from a financial perspective is the most beneficial path for all concerned. It can lead to a smoother and faster divorce process which may alleviate some of the stress of the process and save significantly on legal costs.

Ancillary Relief

Applications for ancillary relief may be made to a court if negotiations have failed to produce a satisfactory financial settlement for either or both of the two persons involved. This process is seen as separate or additional to the legal process of ending the marriage.

An ancillary relief settlement will be finalised by a court order. On such an application, the Court will review evidence in relation to the parties’ personal financial positions and consider factors prescribed by legislation including: the ages of the parties, the length of the marriage, the respective earning potential, the standard of living of the family before the breakdown, and sometimes conduct. Having expert legal advice at this point will prove invaluable, particularly to the spouse considered the most vulnerable. An independent family practitioner may be consulted who can provide a considered view on the outcome following a trial. This process, known as Family Dispute Resolution, Financial Dispute Resolution or FDR, can improve the likelihood of settlement.

The Role of the Court

The overriding objective of both the Court and of an expert mediator is to cut through the complexity of the issues presented by each of the opposing parties along with their financial positions and to apportion accordingly. Sinels is well positioned to advise its clients on the weight to be given to relevant factors, the due process of the court and on the evidence that will need to be exchanged and filed.

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Our Family/Matrimonial Services

High-Net-Worth Divorces with Complex Structures

The aim in all divorce proceedings is to get a fair settlement for both parties with the minimal amount of angst, disruption and expenditure. We have specialised in this area for many years and have a unique skill set for dealing with matters of this nature. As we have done it all before we know what skills to include, namely intelligence gathering, accountancy support, soft skills to assist the clients and because we are commercial litigators, hard skills including the ability to obtain injunctions, search orders and third party disclosure orders in extreme cases.

Breakdowns, Divorce and Separation

When relationships within families reach breaking point, emotions can run high and it can be a most confusing and difficult time for everyone involved. Sinels provides a calm dignified presence and welcome clarity in the most trying of family circumstances.

Financial Settlements and Ancillary Relief

In the process of divorcing a spouse, financial settlements can be achieved in a number of ways. One of these is negotiation and this can be done without applying to a court. If, however, there is no agreement, an order may be sought for ancillary relief. Sinels have represented clients (high-net-worth and not) in both scenarios - tough only if we need to be.

Mediation and Family / Financial Dispute Resolution

Family mediation is a helpful mechanism for the making of arrangements and resolving of financial disputes for families with regards to financial matters, whether it’s between husband and wife, parents or step-parents and children or grandparents. Sinels is trusted by families to advise in situations that are better suited to mediation than a lengthy court process.

Pre-Nuptial Agreements

It is well known that high-net-worth individuals who decide to marry often look for ways to protect their personal assets and to create stability within the relationship so that it might be possible to avoid future uncertainty, the expense of litigation and the intrusiveness of a legal process should things fall apart.